👋 G’day
Welcome back to another day of insights
Today’s brief:
ABA reinstates committee after backlash
Gageler CJ wants more unified system
Court reviews restraint clauses
WORD ON THE STREET
Diversity backtrack

So, yesterday we talked about how the Australian Bar Association scrapped its diversity committee. Well, the ABA has now reinstated the committee after Kate Eastman SC’s LinkedIn post sparked backlash across the Bar. New president Michael Izzo SC says the axing was a restructuring misstep, not a political move: The Australian
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In a new interview with Capital Brief, Chief Justice Gageler says he wants Australia’s courts working more like a unified system, with the Council of Chief Justices acting as a true leadership body. At the Legal Convention, he backed a stronger public role for the courts, hinted at future policy-style statements, and even left the door open to revisiting High Court livestreaming: Capital Brief
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EY’s Marie-Laure Delarue says grads are racing ahead on AI while CEOs and managers are holding them back. She warns the real barrier isn’t tech, it’s leaders who haven’t even logged into tools like ChatGPT. EY’s research shows only a third of workers feel confident using AI, calling it a culture gap that could cost companies their competitive edge: Capital Brief
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A new House of Lords report says Britain is sliding into “two-tier justice”, with public trust collapsing amid weak policing, rising theft and political double standards. The inquiry warns that once equal treatment becomes optional, democracy starts to fray. It’s a cautionary tale for Australia as governments flirt with policies that risk chipping away at the rule of law: The Australian
PRACTICE POINTS
Court trims restraints
Restraints: The Federal Court has clarified how far restraint clauses can go before they become unenforceable. In a new decision, Bromwich J upheld elements of the restraint regime in the shareholder and employment agreements, finding the cascading structure created complexity but not uncertainty. However, key restraints in the employment agreement were struck down because they extended beyond what was reasonable to protect the interests of the employer. The Court emphasised that employers bear the onus of showing a legitimate protectable interest and that the restraint is proportionate, with employment restraints scrutinised more strictly due to public-policy concerns.
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Security: Let’s talk PPSR - where timing really matters. If a customer goes insolvent and your PPSR registration isn’t perfected in time, your security interest vests under s. 267 of the PPSA. That means you lose the asset. For companies, s. 588FL requires registration within 20 business days of the security agreement or at least 6 months before the “Critical Time” (ie, when the insolvency event commenced). Miss that window and the interest is void unless you urgently seek a s. 588FM court order, which is costly and only granted for accidental delay and no creditor prejudice. Timing is everything — late registrations almost always sink: Bariter Perry
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Drafting/Banking: The High Court has confirmed that repayment-method clauses can operate on two levels: as a condition for discharging a debt and as a separate obligation governing how repayment must occur. In Shao v Crown Global, the borrower paid into an account nominated by only one co-lender. That payment discharged the debt, but it still breached the contract’s negative duty not to pay into any account other than one jointly nominated by both lenders. Crucially, that duty is owed jointly and severally, so either lender can sue alone. It’s an important decision on the duality of clauses, and a reminder for parties not to act on unilateral directions: Ironbridge Legal
TALKING POINTS
WFH clash

Atlassian’s Mike Cannon-Brookes has slammed Victoria’s planned two-day WFH mandate as government overreach. As Atlassian ramps up to 1000 staff in Melbourne, he argues hybrid should be set by businesses — not politicians — and warns the real issue isn’t office attendance but transparency. He also slammed ASX peers for hiding scope-3 emissions in footnotes. He says most companies aren’t counting commuting or work-from-home power use, giving a false picture of climate impact: The Australian
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Australian business investment just posted its biggest jump since 2021, surging 6.4% on the back of a data-centre and aircraft spend-up. Machinery and equipment exploded 11.5% — a huge boost ahead of next week’s GDP print. Firms also lifted future investment plans to $191.3bn, signalling more outlays coming. Economists say the long-overdue investment boom is finally arriving: Bloomberg
DEAL ROOM
Buyers circle
Healthscope: is headed for another bidding round as receivers pick through competing offers for its premium east-coast hospitals. St John of God is circling top assets, while Epworth, Ramsay, PEP and Calvary–Mater are also in the mix: The Australian
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Daily Mail: has entered exclusive talks to buy The Telegraph for £500m (A$1bn), with Slaughter and May fronting the bid as the two-year ownership saga nears its endgame. The deal would create a right-leaning media powerhouse with around 36% of UK readership, drawing Labour and CMA scrutiny over media plurality: AFR, NB
SECTOR SPECIFIC
Miner funding surges

🚜 DIGGERS
ASX-listed pre-revenue explorers pulled in $3.49bn last quarter in funding. That’s an 81% surge as governments pump critical-minerals incentives and private investors pile in. Develop Global, WA1, Arafura and Larvotto led the raises, pushing sector spend to a two-year high: AFR
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Snowy Hydro has inked two 15-year deals to finally push big projects over the line — backing Macquarie’s Aula Energy wind farm and TagEnergy’s Golden Plains battery. With wind PPAs topping $100/MWh and zero projects reaching financial close this year, Snowy’s contracts are now doing the heavy lifting for Australia’s 2030 renewables target: AFR
🏦 FIN
Betashares is in advanced talks to buy a minority stake in Macropod, the first ASIC-approved stablecoin issuer, as the Sydney fund manager bets on the long-term future of regulated digital money. Betashares is expected to trial use cases soon as stablecoins gain traction for instant payments and crypto trading: AFR
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Sources say NAB lodged a non-conforming offer targeting HSBC’s $30b deposit base, amid expectations the ACCC would block any move on its $40b loan book after the Citi deal. With HSBC exiting non-core markets and seeking a full-unit sale, regulatory hurdles leave NAB short on deposits – and short on options: The Australian
🏠 RETAIL & REAL ESTATE
Conquest has lodged plans for a $1.5bn, 250m build-to-rent tower under its ARTE brand, with up to 1000 apartments and one of Australia’s tallest BTR projects. The 78-storey scheme joins a wave of major BTR plays from Holdmark, Urban Property Group, Gurner and Qualitas across Parramatta: The Australian
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Japanese-backed Homecorp boss Ron Bakir is rolling out Florence Residences, a $210m, 26-level tower with 120 luxury units from $1.249m and penthouses above $7.5m. Backed by Toyota-Panasonic JV Prime Life Technologies, the project leans hard into wellness real estate — rooftop pools, plunge baths, spa retreat, yoga studios and a private residents’ club: The Australian
📱 TECH & STARTUPS
King River Capital says AI “vibe coding” is replacing whole software categories, yet Australia’s deep engineering talent and sensible valuations are creating a surge of homegrown AI startups. Several local players are hitting millions in ARR within 12 months, with Relevance AI flagged as the standout: Capital Brief
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AirTrunk, AWS, CDC, Microsoft and NextDC have launched Data Centres Australia, a new peak body to cement Australia as an AI-infrastructure hub. Joined by Goodman, Stack and TikTok, the group will tackle planning, energy, water and workforce policy. CEO Belinda Dennett says Australia has a “generational chance” to lock in AI-era investment: Capital Brief
JOB OPPORTUNITIES
P.S.

Till next time,
-Team PB


